Scottish Claims

Pothole & Road Defect Claims in Glasgow

Potholes and defective road surfaces are a common cause of accidents in Glasgow. If you were injured or your bike/motorcycle was damaged, you may be able to claim against the local authority. Glasgow City Council has a duty to inspect and maintain roads and pavements to a reasonable standard. If they fail to do so, they may be liable for injuries or damage caused by defects.

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Can I claim for an accident caused by a pothole?

Yes, if the defect was large enough and not repaired within statutory timescales. To succeed in a claim against Glasgow City Council, you must show:

The defect existed - clear photographic evidence with measurements

It was dangerous - size, depth, location, and visibility matter

The council knew or should have known - through inspections or prior reports

They failed to repair it - within a reasonable time after becoming aware

The defect caused your accident - direct link between defect and injury/damage

Councils have a statutory defence if they can prove they had a reasonable system of inspection and maintenance in place and followed it. An FCA-authorised firm can assess whether your claim is likely to succeed.

What evidence is required for pothole claims?

Strong evidence is critical for pothole and road defect claims. Gather as much as possible at the scene:

Photos of the defect

Take multiple photos from different angles. Include a ruler or coin for scale. Show the defect in context with surrounding road/pavement.

Measurements

Measure length, width, and depth of the pothole or defect. Write down the measurements and date/time you took them.

Exact location

Note the street name, nearest junction, and GPS coordinates if possible. Glasgow City Council uses grid references for their records.

Police report

If serious injury or vehicle damage occurred, report it to Police Scotland. The incident number will be valuable evidence.

Medical notes

Attend A&E or your GP as soon as possible. Medical records linking your injury to the accident are essential.

Repair invoices

For vehicle damage, keep all repair quotes, invoices, and receipts. Photos of the damage before repair are also helpful.

How do I report a road defect to Glasgow City Council?

Even if you intend to claim, it's good practice to report the defect so it can be repaired and prevent further accidents. Glasgow City Council has an online reporting system:

Use the Report a Road Defect form - available on Glasgow City Council's website

Provide measurements - length, depth, width of the pothole or defect

Attach photographs - upload your photos with the report

Give exact location - street name, nearest junction, postcode

Keep a copy - note your report reference number and date submitted

The council will categorise the defect and set a repair timescale. If they fail to repair it within that time and someone else is injured, your report becomes evidence that they had notice.

Note: Reporting the defect does not mean you are making a claim. If you want to pursue compensation, you will need to submit a separate claim or instruct an FCA-authorised firm to do so on your behalf.

What are common road defect scenarios?

Road defect claims in Glasgow typically involve:

Cyclists thrown off due to deep potholes

Cyclists are particularly vulnerable. A deep pothole can cause the front wheel to jam, throwing the rider over the handlebars. Injuries range from broken collarbones and wrists to head injuries.

Motorcyclists losing control on uneven surfaces

Motorcyclists can lose control when hitting a pothole or uneven road surface at speed. This often results in the rider being thrown from the bike and sustaining serious injuries.

Pedestrians tripping on defective pavements

Raised paving slabs, broken kerbs, or sunken grates can cause pedestrians to trip and fall. Common injuries include fractured wrists, ankles, and hips (especially in older people).

Vehicle damage from large potholes

Cars, vans, and taxis can suffer tyre damage, wheel rim damage, or suspension damage from hitting large potholes. Repair costs can run into hundreds or thousands of pounds.

Utility company excavations left unsafe

Sometimes utility companies (water, gas, electricity) excavate roads and fail to reinstate them properly. If this causes an accident, the utility company may be liable rather than the council.

Frequently Asked Questions

How deep must a pothole be to claim?

Usually more than 40mm for carriageways and more than 20mm for footpaths (guidance only). However, depth is not the only factor - the location, visibility, and whether the council had notice or should have known about it also matter. An FCA-authorised firm can assess your specific case.

Does the council always pay?

No, councils can defend claims if they inspected and maintained the road within statutory periods. Glasgow City Council must show they had a reasonable system of inspection and repair. If they did, they may avoid liability even if a defect existed.

How long do I have to claim against the council?

In Scotland, you normally have 3 years from the date of the accident to raise a court action against a local authority. However, it's best to report the defect and gather evidence as soon as possible after the incident.

Can I claim if I didn't report the pothole first?

Yes. You don't need to have reported the pothole yourself before claiming. What matters is whether the council knew or should have known about the defect through their inspection regime. However, reporting it strengthens your evidence trail.

What if the pothole damaged my vehicle but I wasn't injured?

You can still claim for property damage (repairs, replacement tyres, suspension damage, etc.). The same principles apply - you must show the council was at fault. Many people claim for vehicle damage alone without personal injury.

Can pedestrians claim for pavement defects?

Yes. If you tripped on a defective pavement, broken slab, or raised kerb and were injured, you may have a claim against Glasgow City Council. The same rules about inspection and repair apply to footpaths as to roads.

⚠️ We are not a law firm or a Claims Management Company. We only introduce you, with consent, to FCA-authorised firms who may advise on your claim.